Rita James Simon

Abstract

From her early days in Brooklyn, New York to her overflowing office at American University in Washington, DC, this paper traces the remarkable life of Professor Rita J. Simon. Rita Simon is considered one of the most accomplished, prolific, and respected sociologists today. She has authored twenty-six books, edited fourteen, and written over 230 articles on topics such as the jury system, immigration, public opinion, transracial adoption, and women and crime. Her scholarly contributions to the subject of women and crime have aided in our understanding of female criminal behavior, the types of crimes women commit, and the punishments they receive. Further, as the President of the Women's Freedom Network, she has worked toward celebrating and highlighting the achievements of women, but has steadfastly maintained that women do not need special protections or different standards of excellences philosophy that personifies Rita's life. In this biographical essay, the author outlines the early years, academic career, professional activities and recognitions, and offers a personal look into the life of Rita James Simon. It is based on interviews with her children, as well as the author's experience with Rita as her professor, mentor, co-author, and friend.     

The Development of a Preeminent Corrections Scholar

Abstract

Doris Layton MacKenzie came into the field of criminal justice and criminology in her thirties, balancing the dual tasks of motherhood and scholarship successfully. After completing her Doctoral work in Psychology at Pennsylvania State University, MacKenzie accepted her first academic position at Louisiana State University. There she began what has become the most comprehensive body of work to date on the study of boot camps. Now a full professor in the Department of Criminology and Criminal Justice at the University of Maryland, MacKenzie continues her work in discovering what works and what doesn't work in corrections, and is a strong advocate for field research that generates real, practical applications for public safety and crime control. Building on her PhD research in psychology, Doris Layton MacKenzie has focused her career on offender behavior and what can be done to change that behavior. This article profiles the life of Doris Layton MacKenzie: her childhood years; her education; and her professional work to today, when she continues to serve as an inspiration to her students and colleagues as a scientist and human being.     

Los Confines

Abstract

This paper seeks to develop an understanding of Mexican American incarceration including an examination of historical experiences in three selected states: California, New Mexico, and Texas. A caste model of inequality is considered to determine if it is useful in understanding the risk of imprisonment for Mexican Americans. Blalock's (1967) theory regarding ethnic concentration and increased discrimination is also used to allow for systematic analyses of the data. Finally, analyses of the U.S. Department of Justice Bureau of Justice Statistics study number 3029 (2001) are presented for partial evaluation of the impact of caste, of Blalock's (1967) theory, and to inform suggestions for improved data collection and future research. There was no consistent support for the expectations of overrepresentations of Mexican Americans in California or Texas prisons. Neither was there consistent support for the expectation that Mexican Americans sentenced in counties with high concentrations of Mexican Americans would receive longer sentences than would Anglos.     

A five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed

ABSTRACT

On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.     

Differential Police Response to Black Battered Women

Abstract

Dorothy Bracey has spent her entire academic career at one institution located in her home town of New York City, but her intellectual pursuits have crossed many boundaries and taken her around the globe. Her scholarship and her life have been influenced by her interest in the overlap of law and justice and have led to her studies of police corruption, juvenile prostitution, the Chinese justice system and Native American legal contradictions. A woman of many interests, in addition to her work as a scholar, she has held a variety of leadership positions in both the Academy of Criminal Justice Sciences and the American Society of Criminology and has served as the editor of two professional journals.     

Comparing the Effects of Treatment on Female Juvenile Gang and Non-Gang Members

Abstract

Most research indicates that males comprise the greatest proportion of gang members. Since the 1990s, however, there has been an increasing interest in female gangs and gang members. The current study builds on this research interest by examining differences between female gang members and non-gang members who participated in a juvenile probation program designed to identify and intervene with youth considered to be high risk for subsequent criminal and delinquent activity. The results of a logistic regression analysis revealed that two factors significantly influenced a female offender's likelihood of being rearrested: she did not complete the program, and she did not live with her natural parent(s). We conclude that the significant results do support findings from previous research in this area; we also discuss possible explanations as to why other factors were not significantly related to rearrests.     

《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

Moral authority in law and criminal justice: Some reflections on Wilson's The Moral Sense

William H. Simon, The Practice of Justice: A Theory of Lawyers’ Ethics Cambridge, MA: Harvard University Press, 1998, viii + 253 pp.     

An Overview of Criminological Research on Violence in Slovenia

This paper presents a survey of Slovene criminological research on violence since Slovenia's independence in 1991. The authors reviewed all research projects conducted at the Institute of Criminology at the Faculty of Law in Ljubljana and the College of Police and Security Studies (now Faculty of Criminal Justice, University of Maribor) and other academic institutions in Slovenia. This paper shows the prevailing studied forms of violence in contemporary Slovenian society and research methods used to reveal the dimensions and the extent of all kinds of violence.     

ASSOCIATION OF FAMILY AND CONCILIATION COURTS WHITE PAPER GUIDELINES FOR COURT‐INVOLVED THERAPY: A BEST PRACTICE APPROACH FOR MENTAL HEALTH PROFESSIONALS

This article was written by the Honorable Linda S. Fidnick and Kelly. A. Koch, Esq. Judge Fidnick is an Associate Justice with the Hampshire Probate and Family Court. Prior to her appointment to the bench in 2008, Judge Fidnick was a partner in the Amherst law firm of Burres, Fidnick & Booth LLP, where she concentrated her practice in all areas of family law. Judge Fidnick is a graduate of Smith College and the University of Connecticut Law School, and she has been a member of the Massachusetts Bar for over thirty years. Judge Fidnick is past president of the Massachusetts chapter of the Association of Family and Conciliation Courts (AFCC) and currently serves on the national board of directors of AFCC. Judge Fidnick and Matthew Sullivan, Ph.D. are the co‐chairs of the AFCC Task Force on Court‐Involved Therapists. Attorney Koch is a graduate of Brandeis University and WesternNew England College School of Law. She served as a law clerk to the Justices of the Massachusetts Probate and Family Court and is presently an associate attorney with the Springfield, Massachusetts firm of Bulkley, Richardson and Gelinas. Matthew J. Sullivan, Ph.D. is a psychologist in private practice in California who has written articles, presented and done trainings at numerous national and international venues on interventions in high conflict divorce, Parenting Coordination and child alienation in family law cases. He currently serves on the Board of Directors at AFCC. Lyn R. Greenberg, Ph.D. is a family forensic psychologist practicing in Los Angeles, California. She serves as the reporter for the AFCC Court‐Involved Therapist Task Force and Co‐Chairs the Family Forensic Special Interest Group of Div. 43. She Co‐Chaired the APA‐ABA Working Group on Representation and Advocacy for Children. The AFCC Task Force on Court‐Involved Therapists was given the charge of defining guidelines for the professional practice of therapists working with court‐involved families. A draft of the Guidelines was presented for Comments in March 2010 and all comments were submitted to the Task Force Reporter, Lyn R. Greenberg, Ph.D. on May 1, 2010.     

Criminal justice curricula in the United States: A decade of change

This research on criminal justice programs and curricula in 1999–2000 is a follow-up to Southerland's study of baccalaureate programs in 1988–89, published in the Spring 1991 issue of the Journal of Criminal Justice Education. A national overview and regional differences are presented. Positive and negative changes are highlighted, and recommendations for improvement are included. The findings are evaluated in light of the ACJS Minimum Standards for Criminal Justice Education and the broader context of general trends in higher education.     

The effects of an experimental intensive juvenile probation program on self-reported delinquency and drug use

In the late 1990s Ventura County, California, USA, implemented the South Oxnard Challenge Project (SOCP), designed to provide intensive, multi-agency services to youth on probation. SOCP built their program guided by Clear’s “corrections of place” model, which argued that community corrections could decrease offender risk by focusing on restorative principles rather than on coercion. SOCP was designed as a randomized experiment, comparing youths in the experimental group with those on routine probation. Researchers interviewed youths in both the experimental and control groups 1 year after random assignment. This article reports on self-reported crime and drug use, finding few significant differences across groups. Specifically, we find that SOCP youths were significantly more likely to indicate that they had committed a violent crime generally, although a majority of both groups indicated they had done so. We found that those in SOCP who robbed people also did so significantly more often than did the comparison group. In the control group, youths reported committing homicide significantly more often, but this was a rare event. Among those youths who reported taking part in gang or posse fights, those in the control group did so significantly more often. Finally, youths in the control group were significantly more likely to have used ecstasy on more days during the previous month than were those in the SOCP.

Gender,Indigeneity, and the Criminal Courts: A Narrative Exploration of Women's Sentencing in Western Australia

Ethel Rosenberg's prison letters illustrate women's prison writing at a transitional point. Preceding her work are prison writings that focus on self-justification and autobiography; afterward come texts that assert the writer's pride and challenge the penal system and society. Rosenberg's correspondence includes elements of both traditional and contemporary women's prison literature. Along traditional lines, her letters focus on family matters and her own mental state as she attempts to adapt to imprisonment. In their outright assertions of pride in self and anger at perceived injustice, Rosenberg's letters point ahead to the writing of women inmates today.     

Book Review: <Emphasis Type="Italic">Critical Issues in Restorative Justice by Howard Zehr and Barb Toews (eds). Monsey,NY: Criminal Justice Press, 2004. Reviewed by Dan Okada,California State University,Sacramento</Emphasis>.

Book Review

Book Review: Critical Issues in Restorative Justice by Howard Zehr and Barb Toews (eds). Monsey, NY: Criminal Justice Press, 2004. Reviewed by Dan Okada, California State University, Sacramento.     

A decade on the court: The First Amendment jurisprudence of Justice Antonin Scalia

After a decade on the United States Supreme Court the time is ripe to examine Associate Justice Antonin Scalia's First Amendment jurisprudence, especially as it relates to freedom of expression and freedom of the press. This article analyzes Justice Scalia's opinions as a judge and justice as well as his scholarly writings. Collectively they reveal a clear pattern of a justice who follows a judicial approach grounded in originalism, textualism, majoritarianism, deference to the legislative branch, and traditionalism. While this approach sometimes produces opinions Seemingly in conflict with Justice Scalia's “conservative” image, close analysis reveals the consistent and close application of a coherent judicial philosophy.     

“Taking a Position and Staying Grounded”

Abstract

This article is a biography of Karlene Faith, one of Canada's leading feminist scholars/activists. It describes: her childhood; high school life; college years; early intellectual influences; how she came to criminology; her entrance into the academy; her important contributions to feminism, criminology, and criminal justice; her future plans; and her love of music. Thanks to Karlene Faith and other feminist academic activists, gender is now a major component of much of the criminological work being done in North America today, and many people became empowered due to her commitment, dedication, and effort.     

作为一个偶然地区性事件的正当程序革命

沃伦1953年被任命为美国联邦最高法院大法官是一个普通的政治任命。正当程序革命是一个意外进入的时代。沃伦法院成员都是普通公民,而绝非圣贤。在美国深深的卷入越战的大背景下,美国国内兴起了浩大的民权运动。沃伦法院在刑事领域的正当程序革命和当时的时势互相借力,将六十年代演化为一个革命时代。中国刑事诉讼改革以正当程序革命为精神激励,圣化沃伦革命,意在矫枉过正,但可能带来逆向的反弹。     

Examining Procedural Justice and Legitimacy in Corporate Offending and Beyond‐Compliance Behavior: The Efficacy of Direct and Indirect Regulatory Interactions

Tom Tyler's Procedural Justice Theory has received support in a variety of studies using criminal justice authorities as the research focus. To date, the theory has not been empirically tested using corporate malfeasance as an outcome, despite evidence that procedural justice is important in achieving regulatory compliance. This study uses factorial survey methods to examine whether corporate behavior is predicted by professionals' perceptions of procedural justice and legal legitimacy. We find that procedural justice and legitimacy considerations are salient only when managers have direct contact with regulatory authorities. This supports John Braithwaite's argument that effective regulation is enhanced by microlevel interactions in which procedural justice can be effectively leveraged to promote compliance.     

Resisting Multiple Narratives of Law in Transition Countries: Russia and Beyond

Burbank, Jane . 2004 . Russian Peasants Go to Court: Legal Culture in the Countryside, 1905–1917 . Bloomington, IN : Indiana University Press. Pp. xix + 374. $49.95 cloth. Feifer, George . 1964 . Justice in Moscow . New York : Simon and Schuster. Pp. 336 . $20.95 paper. Kaminskaya, Dina . 1982 . Final Judgment: My Life as a Soviet Defense Attorney . Trans. Michael Glenny. New York : Simon and Schuster. Pp. 364 . Out of print. Ledeneva, Alena V . 2013 . Can Russia Modernise? Sistema, Power Networks and Informal Governance . Cambridge : Cambridge University Press. Pp. xv + 332. $90.00 cloth; $32.99 paper. McDonald, Tracy . 2011 . Face to the Village: The Riazan Countryside under Soviet Rule, 1921–1930 . Toronto : University of Toronto Press. Pp. xvii + 422. $75.00 cloth. Politkovskaya, Anna . 2004 . Putin's Russia: Life in a Failing Democracy . Trans. Arch Tait. London : Harvill Press. Pp. 304 . $17.00 paper. Popova, Maria . 2012 . Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine . Cambridge : Cambridge University Press. Pp. xii + 197. $103.00 cloth; $29.99 paper. Romanova, Ol'ga . 2010 . Butyrka . Moscow : Izdatel'stvo Astrel'. Pp. 316 . 240 rubles. The literature on the role of law in countries with so‐called hybrid regimes that are stuck somewhere between democracy and authoritarianism tends to dwell on the politicization of law and the courts. This has the effect of discounting the importance of the vast majority of cases that are decided in accord with the law. Taking Russia as a case study, this essay reviews a cross‐section of the literature on its courts in order to document this tendency and explore why alternative narratives of law have failed to gain traction: Burbank's Russian Peasants Go to Court ( 2004 ); Feifer's Justice in Moscow ( 1964 ); Kaminskaya's Final Judgment ( 1982 ); Ledeneva's Can Russia Modernise? ( 2013 ); McDonald's Face to the Village ( 2011 ); Politkovskaya's Putin's Russia ( 2004 ); Popova's Politicized Justice in Emerging Democracies ( 2012 ); and Romanova's Butyrka ( 2010 ).     

STRATEGIES AND NEED FOR SYSTEMS CHANGE

Chief Judge Judith S. Kaye of New York delivered the following address to the Millennium Conference of the National Council of Juvenile and Family Court Judges in Washington, D.C., on November 15, 1999. In it, she describes the development of the philosophy of the family court in the past century. Judge Kaye describes the family court's transition from reliance on social science to the incorporation of procedural due process guarantees in the Gault decision. She suggests that a further transformation is required to meet the needs of children and families in the 21st century. Judge Kaye proposes that in the next millennium the family court abandon the "remote adjudicator" judge who evolved after Gault to a "problem-solving model of judging… a judge who looks at the issues that are driving the caseload, who looks at the results that are being achieved, and who uses a hands-on style to figure out how we might do better both in individual cases and on a systemic level."
The New York Times described Chief Justice Kaye as, "A dedicated and effective reformer of the state's sprawling court system. Each of her hard won changes has had a positive impact." Chief Judge Kaye recently received the National Center for State Courts' William H. Rhenquist Award for Judicial Excellence in November 1999. On the occasion of the award, Roger K. Warren, president of the National Center, observed about her,"There are many who are working hard to better process the many cases that come before the state courts, but there are few working an harder or more successfully to better serve the people who use the state courts."